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State ordered to replace funds taken from medical malpractice

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In 2007, the Wisconsin governor and state legislators approved removing $200 million from the state's medical malpractice fund in order to pay for other state medical programs and to help balance the state budget.  The Wisconsin Medical Society sued claiming that the move was unconstitutional and recently, the  Wisconsin Supreme Court agreed.

The court ordered that the $200 million be repaid calling the state's removal of the funds "an unconstitutional taking of private property without just compensation".  The suit was initially lost in in circuit court but was appealed to the Supreme Court.

Doctors and healthcare providers in Wisconsin are required to purchase medical malpractice insurance of $1 million per occurrence and $3 million annually.  When the funds were removed malpractice insurance rates for doctors increased by almost 10 percent.

If you or someone you love has been the victim of medical malpractice, contact the Madison injury lawyers of Habush Habush & Rottier S.C. ® at 800-242-2874 to learn more about your rights.